Detroit Michigan Trademark Attorney: Should I File an In-Use Application or an Intent-to-Use Application?

The basic difference between these two types of applications for trademark registration with the US Patent and Trademark Office (USPTO) is logical: an in-use application is appropriate for a product or service that is already "in-use" (sold) in interstate commerce. An intent-to-use application is an application for prospective registration, prior to the produce or service's use in interstate commerce.

An intent-to-use application will be finalized by the USPTO only when the product or service is finally "in use" and a Statement of Use is filed.

The different categorizations exist because the purpose of trademark registration is not to give you, the purveyor of goods or services, an intellectual property ownership interest in your business or product name or logo but, rather, to protect consumers who might purchase that product or good.

A registered trademark is a consumer's guarantee of the source and quality of something they are buying, in other words.

In order for this to work, the product or service must actually be available for consumption. It must be ... in use.

An intent-to-use application has advantages. However, you must have a good faith, bona fide intention to use the mark in commerce in the foreseeable future. After filing an intent-to-use application, you will be required to file a Statement of Use within a fixed time-frame. Although this deadline can be extended, the number of extensions available are limited.

If you have no idea when you will launch your product or service commercially, you should consult a trademark registration attorney to discussing filing types and filing-timing.

The Hilla Law Firm, PLLC offers free virtual consultations or virtually to Michigan clients throughout the United States.

Michigan Trademark Attorneys - The Supplemental Register is a "subsidiary" Federal trademark registry available to trademarks that lack the distinctiveness required for the Principal Register. It conveys a variety of benefits. The Hilla Law Firm, PLLC - (734) 743-1489

Michigan Trademark Attorney - A declaration of incontestability is a statement a trademark owner can file once it has been registered on the Principal Register for 5 years. The Hilla Law Firm, PLLC - (734) 743-1489

Detroit Trademark Attorneys - A charitable organization or non-profit can register its name, logo design, or advertising slogan just as any other individual or business can, so long as it meets the other criteria for registrability - Hilla Law (734) 743-1489

Detroit Trademark Registration - There is no such thing as a so-called worldwide trademark registration process, however, the International Madrid Protocol allows the registration of a trademark in signatory countries if registered domestically in one of them. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - A craft beer name, logo, or brand can be registered as a trademark so long as it is unique enough to specifically identify the source of the product once it is sold in interstate commerce - Hilla Law (734) 743-1489

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Detroit Trademark Attorneys - Trademark protection in the US is granted to marks that are in use in commerce. Thus, a single-use or single-work mark such as a film or book title cannot be registered--unless it is made into a continuing series of works. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - Unless a specific color scheme in your logo is crucial to your brand identity, it should not be included in your first trademark registration application - The Hilla Law Firm, PLLC - (734) 743-1489

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

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